Mukindia v Republic (Miscellaneous Criminal Application E045 of 2025) [2026] KEHC 9370 (KLR) (30 June 2026) (Ruling) Neutral citation: [2026] KEHC 9370 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT CHUKA MISCELLANEOUS CRIMINAL APPLICATION E045 OF 2025 RL KORIR, J JUNE 30, 2026 BETWEEN MWITI MUKINDIA ................................................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. Mwiti Mukindia (Petitioner) was charged alongside David Mutuma Kaibe before the Chief Magistrate’s Court with the ofience of causing grievous harm contrary to section 234 of the Penal Code. The particulars of the ofience were that on the 23rd day of June 2021 at Kithaki village in Maara Sub- County within Tharaka Nithi County with others not before court jointly did grievous harm to Aron Mugo Francis. 2. The Applicant along with his co-accused were convicted and sentenced to serve 5 years’ imprisonment on 10th August 2023 by Hon. Gandani, Chief Magistrate. 3. The Applicant’s name was presented before Gitari for e-consideration of his sentence pursuant to a decongestion exercise on 8th April 2024. Upon consideration Gitari J. found the custodial sentence appropriate in view of the grievous harm sufiered by the complainant. Gitari J. declined to revise the sentence. 4. The Applicant subsequently filed Misc. Criminal Application No.E066 of 2024 seeking revision of his sentence on grounds that the 11 months she had spent in pre-trial custody had not been taken into consideration. 5. The court in its considered ruling dated 30th June 2025 dismissed the Application for want of merit. It found the sentence of 5 years’ imprisonment against a possible maximum of life imprisonment to be not only lenient but to reflect the period spent in pre-trial custody to have been taken into account by the trial court. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9370/eng@2026-06-30 1
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6. The Applicant has brought the present Application filed on 18th August 2025 on similar facts seeking similar orders. Prima facie, Application is resjudicata. It cannot be entertained. Entertaining such an Application would legitimize abuse of court processes. 7. The Application is dismissed. Orders accordingly. RULING DELIVERED, DATED AND SIGNED AT CHUKA THIS 30TH DAY OF JUNE, 2026. .......................... R. LAGAT - KORIR JUDGE Ruling delivered in the presence of Applicant acting in person, Ms Rukunga for the Republic; Muriuki Court Assistant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9370/eng@2026-06-30 2
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